A Broward DUI case (Calabrese v. State) was published this week wherein a permanent license revocation was affirmed by the Broward Circuit Court.
In the case, the defendant was arrested for DUI after she drove through an area that had been roped off by police for an unrelated criminal investigation. The defendant declined to perform field sobriety exercises, but agreed to submit to a breath test and blew a .089. The defendant was found guilty by a jury at trial. The court found that this was the defendant’s third DUI within 10 years. As a result, she was ultimately sentenced to 364 days in Broward County Jail, which was to be lowered to 180 days upon completion of the SAP program (the Substance Abuse and Life Skills Program which provides treatment services to inmates in Broward County’s Jail), along with other standard DUI penalties (such as community service, fines, etc.) and a lifetime driver’s license revocation.
The defendant appealed the lifetime driver’s license revocation, arguing that it was improper for the court to order because Florida Statute 322.28(2)(a) only requires a 10 year minimum license suspension for a third DUI conviction within 10 years. However, the circuit court disagreed and found that because there was no maximum sentence limit within the statute, the trial judge was within his discretion to issue a lifetime driver’s license revocation.
DUIs in Florida have serious consequences, as seen in this case. Anyone who is facing DUI charges in Florida should contact a criminal defense lawyer to discuss the possible penalties of a DUI conviction and determine the best defense route to attempt to mitigate those penalties.
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.